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HomeMy WebLinkAbout09/25/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 25, 2007 — 7:00 p.m. I. STUDY SESSION - None II. CLOSED SESSION - 4:00 p.m III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Selich VIII. INVOCATION - Council Member Webb D:. PRESENTATIONS - None X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Henn invited everyone to the McFadden Square Memorial Dinner/Dance at the Harborside Restaurant on Friday night. He announced that the cost is $275 /couple and that the fee also gets your name engraved at tl}e base of the memorial. Council Member Curry commended staff on the Newport Coast Community Center grand opening on September 15 and the Sunday Funday event on September 16. Council Member Daigle reported that the Police Department will be holding a forum on how to keep your teenager safe on October 10 at 6:30 p.m. at Newport Harbor High School. Council Member Daigle announced that the Third Annual Conference for Women will be held on October 16 at the Balboa Bay Club. Council Member Gardner announced that the Corona del Mar branch library will be reinstituting the 10:00 a.m. Tuesday children's hour, beginning October 2. Council Member Gardner announced that a town hall forum for Carona del Mar will be held on October 3 from 6:00 p.m. to 8:00 p.m. in the Friend's Room at the Central Library to discuss restaurant noise and parking issues. Volume 58 - Page 273 City of Newport Beach City Council Minutes September 25, 2007 Council Member Gardner announced that, on October 6 from 2:00 p.m. to 5:00 p.m., the OASIS Senior Center will be holding an open house. She indicated that the models of the proposed new center will be on display. XII. CONSENT CALENDAR A. READING_ OF MIN UTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 11, 2007. [100 -20071 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR ADOPTION a. CODE AMENDMENT NO. 2007 -004 - SCREENING OF MECHANICAL EQUIPMENT (PA2007 -056) - ADDING REGULATIONS REQUIRING THE SCREENING OF ALL EXTERIOR ROOF - MOUNTED AND GROUND - MOUNTED MECHANICAL EQUIPMENT ON PROPERTIES IN ALL ZONING DISTRICTS. [100 -20071 Adopt Ordinance No. 2007.14. 4. PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 7 (C -3058) - 3500 PACIFIC VIEW DRIVE (PA2006 -282) - TO ALLOW THE CONSTRUCTION OF A SIX (6) FAMILY MAUSOLEUM AND ESTATE GARDENS IN LIEU OF A 7,200 SQUARE FOOT COMMUNITY MAUSOLEUM IN BUILDING SITE "H" OF AREA 8. [381100 -20071 Adopt Ordinance No. 2007 -15. C. ORDINANCE FOR. INTROD UCTION 5. VEHICLE CODE ENFORCEMENT FOR NEWPORT RIDGE NORTH. [100- 2007] Introduce Ordinance No. 2007.17 amending Chapter 12.66 of the Newport Beach Municipal Code to apply provisions of the California Vehicle Code (CVC) to private roads in the Newport Ridge North neighborhood, and pass to second reading on October 23, 2007. D. CONTRACTS AND AGREEMENTS 8. EASTBLUFF DRIVE STREET REHABILITATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTING ENGINEERS, INC. (C- 3968). [381100 -20071 Approve a Professional Services Agreement with DMS Consulting Engineers, Inc., of Garden Grove, California, for Eastbluff Drive Street Rehabilitation at a not to exceed price of $69,865 and authorize the Mayor and City Clerk to execute the agreement. 9. MARINERS MILE STREET LIGHTING - APPROVAL OF BUDGET AMENDMENT TO COVER CITY S SHARE OF COOPERATIVE AGREEMENT WITH CALTRANS (C- 8814). 1381100-20071 Approve a budget amendment (08BA -011) appropriating $21,000 from the unappropriated General Fund balance to Account No. 7013- C5200880 Mariners Mile Street Lighting to pay the balance of the City's share of the cooperative agreement with Caltrans. Volume 58 - Page 274 City of Newport Beach City Council Minutes September 25, 2007 10. SANTA ANA HEIGHTS FIRE STATION AND TRAINING FACILITY - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. (C- 3875). [381100 -20071 Approve Amendment No. 1 to Professional Services Agreement with Leighton Consulting, Inc. for a not to exceed amount of $21,549 and authorize the Mayor and City Clerk to execute the Amendment. 11. SUNSET RIDGE PARK - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EPT DESIGN FOR CONCEPT PLAN EFFORTS (C- 3766). [381100 -20071 Approve a Professional Services Agreement (PSA) with EPT Design of Irvine for Landscape Architect Services for preparation of the Sunset Ridge Concept Plan and Community Outreach at a not to exceed price of $155,015 and authorize the Mayor and City Clerk to execute the agreement. 13. REPAIR AND MAINTENANCE OF OIL WELL PUMPING UNITS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS (C- 3986). 1381100 -20071 Approve Professional Services Agreements with Lacy Oil Tool Company and AC Pumping Unit Repair, Inc. for on -call repair and maintenance services for oil well pumping units, and authorize the Mayor and City Clerk to execute the agreements. E. MISCELLANEOUS 14. PURCHASE OF ADDITIONAL ELECTRONIC UTILITY ATLAS SYSTEM COMPONENTS. 1100 -20071 Authorize the purchase of additional electronic utility atlas system components from iWater, Inc. in the amount of $29,763.35 to complete the second phase of the electronic utility atlas map conversions. 15.. ECONOMIC DEVELOPMENT JOB TITLES AND SPECIFICATIONS. [100- 20071 Confirm the City Manager's approval of new job titles and specifications for two existing positions in the Economic Development Division (Economic Development Administrator and Economic Development Coordinator). Motion by Mayor Pro Tern Selich to approve the Consent Calendar, except for the items removed (6, 7, and 12). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR THE LANDSCAPE MAINTENANCE OF PUBLIC AREAS IN NEWPORT COAST (C- 3569). 1381100 -20071 In response to Council Member Gardner's questions, City Manager Bludau indicated that the City has a separate tree trimming contract for trees over eight feet. Deputy General Services Director Pisani confirmed that, if the irrigation repair is due to vandalism and they conduct the repair during regular business hours, they will not charge the City for labor. He stated that the contract is correct; however, the scope of work is inconsistent, but will be amended. Motion by Council Member Gardner to a) approve a two -year agreement with Park West Landscape Maintenance, Inc., of Rancho Santa Margarita for the landscape Volume 58 - Page 275 City of Newport Beach City Council Minutes September 25, 2007 maintenance of 94.75 acres at a cost of $495,277.50 per year; and b) approve a budget amendment (08BA -012) in the amount of $72,272 to fund the increase in cost over the expiring contract for the remainder of the fiscal year. Dolores Otting stated that General Services Director Harmon does a good job on these contracts and in listening to the residents. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 7. BACK BAY SCIENCE CENTER (C -3460) - COMPLETION AND ACCEPTANCE OF CONTRACTS WITH SOUTHERN CALIFORNIA GRADING, GAMUT FRAMING CO., VANCE & ASSOCIATES, INLAND BUILDING COS., S.H. FISH ELECTRIC, AND ROMERO GENERAL CONSTRUCTION CORPORATION. [381100 -2007] In response to Dolores Otting's questions, Council Member Gardner reported that the Back Bay Science Center (BBSC) will house a County water testing lab, Fish and Game headquarters, and a teaching lab for possibly UCI, Coastkeeper, Surfrider, and other groups to expand their education program and use the BBSC to do studies on the Back Bay. Council Member Webb reported that the City uses outside labs to test the City's water. He noted that there are strict requirements and that the findings are published annually. Council Member Daigle noted that the City has a video about the BBSC on its webpage. Motion by Council Member Henn to a) accept the work performed and completed by Southern California Grading, Gamut Framing Co., Vance & Associates, Inland Building Cos., S.H. Fish Electric, and Romero General Construction Corporation; b) authorize the City Clerk to file a Notice of Completion for each trade contractor; c) authorize the City Clerk to release the Labor and Materials bonds 35 days after the Notice of Completions have been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance bonds one year after Council acceptance. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 12. SUPERIOR AVENUE MEDIAN IMPROVEMENTS (C -3784) - AWARD OF CONTRACT. [381100-20071 Dolores Otting expressed concern that this beautification may affect emergency response times and the evacuation route. She recommended that the City survey include whether people feel safe leaving during an emergency. Mayor Rosansky indicated that the project does have traffic safety benefits, does not constrict the streets, and is not just for beautification. He added that the West Newport Beach Association is in favor of the project. Motion by Council Member Webb to a) approve the plans and specifications; b) award C -3794 to GMC Engineering, Inc. for the total bid price of $634,118.50, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $70,000 to cover the cost of unforeseen work. Volume 58 - Page 276 City of Newport Beach City Council Minutes September 25, 2007 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIV. PUBLICHE__ARING 16. REVIEW OF THE FY 2006 -2007 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S.. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [100 -20071 Rudy Munoz, LDM Associates, reported that the CAPER includes what the City has accomplished with CDBG funds and that the report is due to HUD by September 28. He added that the City is on track to meet the five,year goals established in the Consolidated Plan. In response to Council Member Gardner's questions, Assistant City Manager Wood reported that the City publishes display ads and more publications for the Action Plan and 5 -Year Consolidated Plan, which are more likely to receive comments. She noted that the CAPER is more like an audit. Mayor Rosansky. opened the public hearing. Hearing no testimony, he closed the public hearing. Motion. by Council Member Daigle to approve the draft Consolidated Annual Performance and Evaluation Report (CAPER). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council- Member Curry, Mayor Pro Tem. Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Without objection, it was the consensus of the City Council to discuss Item 20 out of order. XVIII. CONTINUED BUSINESS S20. HIRING OF SPECIAL COUNSEL REGARDING GROUP RESIDENTIAL ISSUES. [100 -20071 Mayor Rosansky stated that the ad hoc Group Residential Legal Review Committee met twice and interviewed three law firms. He reported that the committee unanimously agreed to recommend the law firm of Richards, Watson & Gershon to Council. Council Member Henn added that the law firm has 200 attorneys and discussed their reputation and expertise. Motion by Council Member Henn to a) authorize the Mayor to execute a Professional Services Agreement with Richards, Watson & Gershon to advise the City Council and to work directly for the City Council regarding Group Residential Use issues according to a Scope` of Services; and b) authorize the Ad Hoc Committee on Group Residential legal Review to negotiate fees and the related terms with the Professional Services Agreement. The motion carried by the following roll call vote: Volume 58 - Page 277 City of Newport Beach City Council Minutes September 25, 2007 Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XV. . PUBLIC COMMENTS Bob Rush took issue that Bob Burnham isn't filing a Statement of Economic Interests (Farm 700).. He stated that, if in 30 days, he does not see Mr. Burnham's Form 700s for the last four years, he will bring legal action against the City. Assistant City Attorney Harp reported that it is the City ' Attorney's opinion that Mr. Burnham doesn't need to file a Form 700, but he will look, into this issue. Dolores Otting_ presented and read a handout relative to fluoridated water. She indicated that the Metropolitan Water District isn't required to do any studies relative to dermal absorption and recommended that the City put health disclosures on the water bills. Mary Derringer believed that the City has not been proactive on the group homes issue and that the citizens group has done more than the City. She indicated that they are circulating a petition and expressed concern that the City is becoming a rehabilitation capitol. She asked whether some Council Members have financial ties to rehabilitation facilities. Denys Oberman believed that staff provided inaccurate information at the Planning Commission meeting. She stated that they expect a satisfactory ordinance prior to the end of the moratorium and listed the provisions they want included in the ordinance. Nick Basitch asked that Council keep in mind that he and Ms_ Oberman are speaking on behalf of others. He hoped that the City will implement something or add to the moratorium. Bill Hitchcock asked that Council accommodate the interests of the taxpayers, property owners, and residents relative to the group homes issue. Cynthia Koller stated that she has been doing what was asked of her to document group homes issues and took issue that the Planning Commission's decision was a reversal of what the citizens suggested. She believed that they are worse off now than a year ago. She indicated that people are starting to talk to her about recalling Council because they do not feel represented. Joel Slutzky reported that the Lido Isle meeting relative to group homes had 150 residents in attendance. He noted that Council has an obligation to the health and safety of the entire City,and reported that there is a petition being circulated that lists what they want in the ordinance. Willis Longyear noted that the City fought Caltrans when it wanted to build a highway in the middle of the City and believed that it's possible to do things relative to group homes that.don't seem possible. Shelly Dobkins believed that the City wouldn't be discriminating against group homes if it regulates them since the City has so many already. Further, the group homes should not be in R -1 and R -1.5 zones since they destroy the neighborhood, City, and community. He noted that Council is the citizens' last line of defense and asked that they provide a safe and secure community. Tod Ridgeway, former Council Member, believed that an ordinance was adopted three years ago that restricted group home use in R -1 zones. He requested that the City Attorney's office look into this. Mayor Rosansky assured everyone that Council hears them. He noted that the group homes issue will be coming back to Council and pointed out that the City has spent a great deal of money and man hours on this issue. He reported that Council will most likely be extending the moratorium in October and noted that the moratorium can be extended up to a year until the City can craft the Volume 58 - Page 278 City of Newport Beach City Council Minutes September 25, 2007 best ordinance possible. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Finance Committee interviewed firms to conduct a City survey relative to services. She announced that the committee will be forwarding its recommended firm to Council for review. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR SEPTEMBER 20, 2007. (100 -2007] Planning Director Lepo reported on the following Items: Code Amendment 2007 -005 (PA2007 -112) - Group Occupancies; Panini Cafe (PA2007 -063) - 2421 E. Coast Highway; and Knight Appeal (PA2007 -137) - 312 Hazel Drive. XIX. CURRENT BUSINESS 18. OASIS SENIOR CENTER CONCEPT PLAN AND DECISION ON WHETHER TO INCLUDE THE RELOCATION OF THE CORONA DEL MAR BRANCH LIBRARY AS PART OF THE PROJECT. (100 -2007] Recreation and Senior Services Director Morgan reviewed the staff report and discussed the cost estimate and the steps that were taken to come up with the concept plan. He reported that the proposed OASIS Senior Center is single story, compatible with the neighborhood, 36,000 square feet, and will cost about $20 million. Robert Coffee, architect, discussed the design goals they were given and utilized a PowerPoint presentation to display what the proposed OASIS Senior Center will look like. He reported that the new facility will utilize the entire five acre site, increase parking by 60 spaces, provide an ocean view down Marigold Avenue from the social commons area, and utilize materials that will last for many years. He believed that the center will be a campus for a lifetime of health and learning. In response to Council Member Gardner's questions, Mr. Coffee reported that the multipurpose room was originally 30 Seet high, but has been scaled down to 22 feet. He added that they will try to select trees that provide shade without impeding anyone's view plane and that they will stake the profile of the building for the residents to review. City Manager Bludau reported that the Corona del Mar fire station is in an ideal location for the area, but houses two paramedics in a trailer, information is difficult to get to the paramedics, and the truck bay is undersized. He reported that, when the discussion of the OASIS. Senior Center began, the discussion of rebuilding the fire station started since there was an opportunity to relocate the Corona del Mar branch library to OASIS. He stated that the City conducted three meetings at the library in which each meeting had over 80 residents in attendance. He indicated that the residents prefer to keep the library at its current location. He noted that a library at OASIS would be geared toward seniors, not children. He stated that the residents want a children's section and, even though checkout is not high, it does not mean the library is not being used. He indicated that everyone wants a fire station that services the community well. City Manager Bludau reported that,. if Council does not relocate the library to the center, alternatives that can be studied include building a two story fire station, relocating the adjacent parking spaces, removing a portion of the library to make more room for the fire station and adding a smaller portion to the side of the library, or tearing down the. Volume 58 - Page 279 City of Newport Beach City Council Minutes September 25, 2007 current library and building a two story library that's about the same size as the current library. Paul Glowienke expressed his support for keeping the branch library at its current location and stated that he is collecting signatures of support. Evelyn Hart, President of Friends of OASIS, stated that she is also speaking for Hoag Hospital. She reported that the Board of Directors and the Friends' 4,000+ members support the concept plan. She indicated that the plan is well received with or without the library component and requested that the project proceed. She indicated that, if the library is not relocated to OASIS, OASIS will continue to have its own library with a reading room. James Trush discussed how, in 1957, Dorothy Harry donated two lots to the City and how the City purchased four nearby lots, sold the Dorothy Harry lots, and used the proceeds to build the Corona del Mar library. He expressed, concern that this gift has not been addressed 'and requested that this be agendized for a future meeting. Assistant City Attorney Harp reported that the original agreement was subsequently amended, with Ms. Harry's approval, and that there is no deed restriction on the use of the lots. He expressed the opinion that Ms. Harry's wishes were fulfilled, the City did what it was supposed to do with the proceeds, and the City does not have any legal obligations. Dolores.Otting asked what Hoag Hospital's connection is with the wellness/fitness center. Elizabeth Starr suggested that OASIS have a mini - branch library to eliminate the need for the seniors to get in their cars to use the library. She stated that she does not want the Corona del Mar library to close down. Virginia Kempler expressed hope that the branch library can remain at its current location, especially since an OASIS library would not have a children's section. She suggested making the fire station two stories. Laura Curran suggested integrating LEED principals into the new OASIS. She stated that, if the library is relocated to OASIS, it should integrate seniors and children. Mr. Coffee reported that they plan to make the building LEED compliant, but which LEED category depends on what can be integrated and the cost. Council Member Gardner expressed support for maintaining the branch library. She reported that she received an email from someone who will be contributing $5,000 towards the branch library. Motion by Council Member Webb to approve the concept plan for the new OASIS Senior Center as submitted. Recreation and Senior Director Morgan reported that the 1;500 square foot library footprint will still be left in the OASIS project regardless if the branch library is not relocated. Following discussion, it was the consensus of Council to not include the branch library in the OASIS concept plan. Mayor Rosansky emphasized that not having the branch library at OASIS does not answer the question of what will happen to the library and fire station. Council Member Gardner noted that the meetings discussed how the residents were taking a risk by not relocating the library to OASIS. Substitute motion by Council Member Gardner to approve the concept plan for the Volume 58 - Page 280 City of Newport Beach City Council Minutes September 25, 2007 new OASIS Senior Center which will not include the relocation of the Corona del Mar branch library. The substitute motion carried by the following roll call vote: Ayes: Council Member Henn,. Council Member Curry, .Mayor Pro Tem. Selich, Mayor . Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 19. PROGRAM CHARTER AMENDMENT REGARDING PUBLIC PENSIONS. 1100- 2007] Council Member Curry discussed his reasons for bringing, this item forward, stating that San Francisco's pension is funded 104% and that 55 pension - related elections were approved by the voters and 79 were not. He noted that this was approved in San Diego by a 66.9% vote. He believed that doing this would be a preventative measure since the City's pension liability is only 88% funded. He emphasized that this does not affect the current pension plan and added that the current plan is fair, equitable, generous, and needed to make the .City competitive with other local agencies. He noted that the charter amendment would include a 20 year sunset provision, does not reduce the existing pension for current, future, or retired employees, and the City's ability to fund important services is dependent on the current fiscal health of the City. He discussed how the unfunded liability increased for employees over the years, and stated why pension deficits occur. He pointed out that, prior to 2004, impasses with labor negotiations were decided by arbitrators and their decisions were imposed on cities. He emphasized that the City cannot predict what help the legislation will give public bargaining units in the future. Council Member Gardner stated that there is a large constituency .that doesn't want to vote on these types of issues because this is why they voted for the Council Members. She indicated that she is confident in this Council and future Councils, and will not be supporting the proposal. Mario Mainero, Chief of Staff for Supervisor Moorlach and resident, stated that creating debt puts an economic burden on taxpayers who should have a say. He noted that the 3% at 50 pension plan only started after larger municipalities adopted it. He noted that Supervisor.Moorlach is questioning the legality of the retroactive benefits. He discussed his reasons for wanting this placed on the ballot. Reed Royalty, President of the Orange County Taxpayer Association, believed that salaries and benefits are based on legislative deception. He took issue that California bases its pensions on the single highest salary year and that public employees make more money than private sector employees. He questioned why managers receive the same benefits as the.other employees. He urged the City to adopt the program before a disaster happens. David Bahnsen, Lincoln Club of Orange County and resident, took issue that Council Member Gardner has made a decision on this prior to hearing all the testimony. He stated that the Lincoln Club takes fiscal responsibility seriously and doing this will show that Newport Beach does also. He noted that this is not trying to remedy a present wrong, but any future wrong that may occur. He noted that this has worked in other municipalities and asked that the City let the voters decide. In response to Council Member Daigle's questions, Mr. Bahnsen stated that he would need to see the merits of the specifics before he could support enhancements to public employee pensions. Dolores Otting expressed her opposition to this and cautioned that, if the funds were 100% Volume 58 - Page 281 City of Newport Beach City Council Minutes September 25, 2007 funded and something happened in the stock market, the City would need to make that money back somehow. She noted that she has never been endorsed by a union, the staff report given to the Finance Committee came from Dave Ellis' office, the City shouldn't be run by the Lincoln Club or Dave Ellis, and the City was having trouble filling positions because of its pay scale. Ed Romeo stated that he is fearful of this proposal and expressed concern about the political affiliation related to this issue. He noted that Council is nonpartisan. He pointed out that the City negotiates contracts all the time and it isn't facing a financial crisis because of them. John Desmond, President of the Newport Beach Police Management Association, stated that the association believes that this Council and future Councils are in the best position to decide the fiscal impacts and liabilities of future employee retirement plans, and this proposal will take away this and future Council's authority to make decisions on future contracts. Further, this proposal places a huge burden on the voter to ensure they have all the facts to make an informed decision. He noted that the interest on this item is minimal since the room was full earlier but now is empty. He believed that this proposal could lead to turmoil when reaching an agreement with any of the bargaining units. He pointed out that. the City has separate agreements with the bargaining units and questioned the practicality and expense of the elections. He noted that San Francisco had 131 benefit- related elections. Jeff Boyles, President of the Firefighters Association (FFA), noted that the City is fiscally sound,. San Diego was in fiscal crisis due to criminal activity, and San Francisco firefighters work 48 'hours /week compared to the City's 56 hours/week and. have nearly twice the benefits. He pointed out that employees, staff, and the public, through Council, .negotiate bargaining unit contracts which are brought before the public during Council meetings. He stated that putting these issues on a ballot will force the bargaining units to run a negotiations campaign. He -reviewed the current negotiating process and believed that the proposal adds an element of disjointedness that will cause inefficiencies. He stated that FFA starts negotiations in October and questioned whether the issue would have to wait until the November 2008 election or if it would go for a vote during a special election. He noted that the unions don't run the City, nor should the Lincoln Club. Brent Jacobson, Lifeguard Management Association, stated that the association feels they have been treated equitably and would like to keep a representative form of government versus having a government by referendum. He believed that delegating authority may lead to future problems and will force them to campaign for what benefits they feel they should receive. He stated that the association feels flustered_ that the Lincoln Club would get involved with this. Teri Craig, President of the City Employees Association- (CEA), stated that the negotiations have always involved Council and have been fair and equitable even if the association isn't always happy. She urged Council to maintain how negotiations are currently handled. Council Member Curry expressed appreciation to the associations for their professionalism in their debate. He stated that this is not a partisan decision, but a proposal to put protections in place for the future and to protect the level of service the City currently provides. He indicated that he will be withdrawing the item tonight and expressed his disappointment in having to do this. He noted that the City doesn't know what the legislature is going to do relative to retirement programs. Volume 58 - Page 282 City of Newport Beach City Council Minutes September 25, 2007 Mayor Rosansky indicated that he supports Supervisor Moorlach's efforts for pension reform, but this is an item of Statewide significance. He believed that the City needs to encourage its State - elected officials to look at this to create an even playing field throughout the State. Council Member Daigle thanked everyone for coming tonight and commended the employees. Council Member Henn also appreciated the professionalism from the associations. He agreed that this issue needs to be addressed at the State level. XX. MOTION FOR RECONSIDERATION Motion by Council Member Henn to reconsider Item S20 and add into the Scope of Services the. requirement to prepare materials necessary to extend the moratorium on group residential uses. and advise the City Council on the moratorium's extension in its current form or a modified form. Assistant City Attorney Harp referenced Item 9 of the Scope of Services and stated that Assistant City Manager Kiff.requested that the Planning Commission be added to. the list. Amended motion by Council Member Henn to reconsider Item S20 and add into the Scope of Services the requirement to prepare materials necessary to extend the moratorium on group residential uses, advise the City Council on the moratorium's extension in its current form or a modified form, and include the Planning Commission to Item 9 of the Scope of Services. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, -Mayor Pro Tem Selich, Mayor Rosansky, ' Council Member Webb, Council Member Daigle, Council Member Gardner XXI. ADJOURNMENT - 10:04 p.m. The agenda for the Regular Meeting was posted on September 19, 2007, at 2:80 p.m on the City Hall Bulletin Board, located outside of the. City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on September 21, 2007, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. FIN� City Clerk Recording Secretary —4�� Mayor Volume 58 - Page 288